How a Birth Injury Attorney Can Help Families Get the Compensation They Need

Although advances in medicine make childbirth more secure than ever before however, complications can still happen during and after the birth of the baby. If you suspect your child has suffered a birth injury that could have been prevented from happening, consult a birth injury law firms injury lawyer right away.

A firm that is specialized in cases involving birth injuries will generally advance all costs associated with a lawsuit and only receive payment if they are awarded the case.

Damages

While advances in medicine have made childbirth safer than it used to be yet many mothers and babies are still susceptible to injuries resulting from a variety reasons. These include oxygen deprivation head trauma and infections. These injuries can result in long-lasting and devastating disabilities such as cerebral palsy. An experienced birth injury lawyer will assist families to receive the compensation they need to cover the cost of lifelong treatment and support.

Your attorney will seek all relevant medical records and reports relating to the baby's injury. The attorney will also engage medical experts to analyze the evidence and provide an opinion regarding whether the medical experts involved in your baby's birth did not meet the standards of care. In a typical case an expert will evaluate the medical care provided by the defendant to the practices commonly accepted by other medical professionals who have similar education and experience.

Damages can be awarded for economic and non-economic losses. Economic damages cover expenses including future and present medical bills, lost income and property loss. Non-economic damages include emotional distress as well as suffering and pain. In rare instances punitive damages could also be awarded. They are designed to punish the person responsible and [empty] discourage similar conduct in the future. They differ from compensatory damages which are awarded to compensate for actual losses.

Medical Experts

Although advances in medicine have made childbirth more secure than ever before, the process still poses a risk for both baby and mother. It is up to the doctors and nurses involved in the birth process to behave professionally and avoid making mistakes that could result in devastating consequences for the health of both parties. Parents may sue for damages if doctors and nurses fail to act professionally during the delivery.

A birth injury attorney will work closely with you throughout the entire duration of your case, from the initial consultation to the final resolution. They will collect evidence from you, like witness testimony and medical records. They will also seek expert opinions from other sources including doctors and specialists.

The experts will examine the evidence and provide a formal opinion as to whether the injuries resulted from medical negligence. This will be used by the lawyer to decide on the best way to proceed.

If the medical expert confirms that a mistake was committed Your lawyer will file suit against the responsible parties. This includes the obstetrician in charge of your pregnancy as well as any surgeons, nurses, or hospital personnel who helped during the delivery.

Lawsuits can be expensive as a result of the many costs, such as the cost of documents, expert witnesses and depositions. Your lawyer will advance these expenses and pay you back once they have won settlement on your behalf.

Preparing for Trial

In general, a birth injuries lawyer will consider every case where the infant was injured due to negligence of a doctor prior to or shortly after delivery. When examining the case, the attorney will consider two things: whether there any evidence of medical negligence and the severity of the injury.

Often, attorneys consult with medical experts to determine whether medical malpractice caused the injury. They will look over all records pertaining to the pregnancy, childbirth, and medical treatment for injuries. They will also be able evaluate the effects of the injuries on the child and their future.

The experts will assist the lawyer in determining the medical providers to be named as defendants in the lawsuit. The lawyer will send a letter asking the medical providers and insurers to respond to the complaint. A reputable birth injury law firm injury lawyer will be able to negotiate with insurance companies and be prepared to go to trial should it be necessary.

Parents could be entitled to damages for past and future medical expenses related to the injuries of their child. They could also receive damages for pain and suffering. These damages can mount up particularly if the child's injuries are severe. A skilled birth injury lawyer can maximize the compensation awarded to parents.

Insurance Companies

A birth injury lawsuit won't erase the harm done to your child but it can help pay for future medical expenses, therapy, home modifications, and ongoing support. These expenses may seem overwhelming at first, however, a reputable birth injury attorney will work with multiple experts to determine the financial impact of any injury on your family and the amount you are entitled to receive in compensation for these costs.

The first step in a birth injury lawsuit is to prove that the doctor who handled your case had an official relationship with you and your child. They must also prove that they violated the relationship by acting negligently either prior to or after your child's delivery. This can be simple to prove through the collection of your medical records and hospital bills.

Once this is established, the lawyer will have to identify the specific actions the doctor took that were negligent and how they impacted the health of your child. A birth injury lawyer will know what to look for and where you can get the medical records and expert witness testimony to demonstrate your case.

A good birth injury attorney will take care of all the complexities of your case. They will never require you to come out of pocket to pursue justice. They must be able to work on an ad-hoc basis. This means that they only be paid if they win your case and their fee is a percentage from the settlement or award.